Darius focuses his practice on directors and officers liability insurance and other related forms of management liability and professional liability insurance.
He has represented insurers as coverage and monitoring counsel in a wide-array of sophisticated claims, from the highest-profile cases against D&Os of public companies to professional liability claims against private and non-profit entities and their principals. Darius has litigated insurance coverage issues on behalf of insurers throughout the country at both the trial and appellate levels, and is regularly involved in complex coverage disputes under D&O, E&O, Fiduciary, EPL, and other related types of policies.
Prior to joining the firm, Darius served as an Assistant Attorney General in the Ohio Attorney General's Office. He has a Martindale-Hubbell AV peer rating, which represents a very high to preeminent legal ability and a very high general ethical standard.
Noteworthy Experience
- Lead counsel in successful defense of primary and excess D&O insurers in a number of significant cases, including
- Citigroup Inc. v. Fed. Ins. Co., 649 F.3d 367 (5th Cir. 2011); Citigroup, Inc. v. Nat'l Union Fire Ins. Co., 2010 U.S. Dist. LEXIS 60128 (S.D. Tex. May 28, 2010).
- Begun v. Scottsdale Ins. Co., 613 Fed. Appx. 643 (9th Cir. 2015); Case No. 3:12-cv-03649-EDL (N.D. Cal. May 14, 2013).
- US HF Cellular Communs., LLC v. Scottsdale Ins. Co., 776 F. App'x 275 (6th Cir. 2019); 2018 U.S. Dist. LEXIS 98019 (S.D. Ohio June 12, 2018).
- Turner v. Cincinnati Ins. Co., No. 20-50548, 2021 U.S. App. LEXIS 24439 (5th Cir. Aug. 13, 2021); USDC No. 6:19-CV-642 (W.D. Tex. Mar. 12, 2020).
- Sunrise Specialty Co. v. Scottsdale Ins. Co., 707 F. App'x 507 (9th Cir. 2017); 2016 U.S. Dist. LEXIS 131664 (N.D. Cal. Sep. 26, 2016).
- Czerwinski v. Scottsdale Ins. Co., No. CV 17-4408 PA (MRWx), 2017 U.S. Dist. LEXIS 147727 (C.D. Cal. Sep. 11, 2017).
- Benjamin & Bros., LLC v. Scottsdale Indem. Co., No. 6:18-cv-1807-Orl-31DCI, 2019 U.S. Dist. LEXIS 45483 (M.D. Fla. Mar. 20, 2019).
- Black Bear Reserve Homeowner's Ass'n v. Travelers Cas. & Sur. Co. of Am., 227 So. 3d 596 (Fla. Dist. Ct. App. 2017).
- UnitedHealth Group v. Hiscox Dedicated Corporate Member, Ltd., 2010 U.S. Dist. LEXIS 10983 (D. Minn. Feb. 9, 2010).
- The Health Alliance of Greater Cincinnati v. Nat'l Union Fire Ins. Co. of Pittsburgh, No. 1:09 cv 00342 (S.D. Ohio).
- Litigated, arbitrated, and mediated multitude of other coverage disputes resulting in favorable dispositions for primary and excess insurers.
- Represented D&O insurers in connection with hundreds of securities class actions, derivative claims, M&A litigation, ERISA stock-drop litigation, failed bank claims, employment matters, professional liability claims, and other management liability claims.
Publications & Speaking Engagements
- Contributing Author and Chapter Editor of Liability of Corporate Officers and Directors (8th Ed., LexisNexis Matthew Bender Publishing, 2009), and annual supplements.
- Co-Author, Directors' Liability and Indemnification – A Global Guide, Second Edition (Globe Business Publishing Ltd. 2011).
- Author of D&O Practice Area Module, Lexis Practice Advisor (lexisnexis.com).
- Co-Author, Directors' and Officers' Liability Exposures (IRMI 2019).
- Co-Author, ERISA Stock-Drop Litigation Exposures
- Regular speaker on D&O liability and insurance issues.
Affiliations and Civic Involvement
- United Way, Tocqueville Society
- Professional Liability Underlying Society
- Meals on Wheels volunteer
- Member of firm's Board of Directors
- Member of Columbus Bar Association
- Member of Ohio Bar Association
- Regular coach and advisor to moot court and mock trial teams
- Former Trustee, OperaColumbus
- Former Trustee, Capital Regiment Drum & Bugle Corps
Education
- Ohio State University (J.D., 1996; with honors)
- Law Journal
- ABA Moot Court Team
- Bowling Green State University (B.A., 1993; cum laude)
Bar Admissions
- Ohio
- U.S. District Court, Southern District of Ohio
- U.S. Court of Appeals, Third Circuit
- U.S. Court of Appeals, Fifth Circuit
- U.S. Court of Appeals, Sixth Circuit
- U.S. Court of Appeals, Ninth Circuit
- U.S. Court of Appeals, Eleventh Circuit